National Human Rights Commission, TaiwanNational Human Rights Commission, Taiwan

In accordance with Article 3, Paragraph 2 of the Organic Law of the Control Yuan, “The Control Yuan shall establish a National Human Rights Commission whose organization shall be stipulated in separate laws.” In order to implement constitutional protection of people's rights, to lay a foundation for the promotion and protection of human rights, to ensure the realization of social justice and fairness, and to comply with international human rights standards by adopting universal human rights values and norms, the Control Yuan established the National Human Rights Commission (NHRC) in accordance with Article 3, Paragraph 2 of the Organic Law of the Control Yuan. The NHRC began its operation on August 1, 2020, when the 6^th term of Control Yuan members took office.

According to Article 2 of the Organic Act of the Control Yuan National Human Rights Commission, the functions and powers of the NHRC are as follows:

1. To investigate incidents involving torture, human rights violations, or various forms of discrimination in accordance with its authority or in response to petitions from the general public, and to handle them and provide remedies according to the law.
2. To study and review national human rights policies and make recommendations.
3. To publish thematic reports on major human rights issues or annual reports on the state of human rights in the nation to understand and assess the domestic human rights situation.
4. To assist government agencies in the signing or ratification of international human rights instruments and their incorporation, and to ensure the conformity of domestic laws, regulations, directives, and administrative measures with international human rights norms.
5. To conduct systematic studies of the Constitution and legal statutes based on international human rights standards in order to propose necessary and feasible recommendations to amend the Constitution, legislation and laws.
6. To monitor the effectiveness of government agencies in promoting human rights education, enhancing human rights awareness, and handling matters involving human rights.
7. To cooperate with domestic institutions and civic groups, international organizations, national human rights institutes, and non-governmental organizations to promote the protection of human rights.
8. To provide independent opinions for national reports submitted by the government in accordance with the provisions of international human rights treaties.
9. Other matters related to the protection and promotion of human rights.

In accordance with Article 3 of the Organic Act of the Control Yuan National Human Rights Commission, the NHRC shall consist of 10 members, with the president of the Control Yuan and seven members who qualify under Article 3-1, Paragraph 1, Subparagraph 7 of the Organic Law of the Control Yuan as ex-officio members. The NHRC shall be chaired by the president of the Control Yuan, and the vice chairperson shall be elected from among the NHRC members. Two members of the Control Yuan other than the ex-officio members of the NHRC may also be members of this Commission upon appointment by the president of the Control Yuan.
Members of the NHRC other than the ex-officio members shall be assigned annually and shall not be reassigned.

In accordance with Articles 7 and 8 of the Organic Act of the Control Yuan National Human Rights Commission, the NHRC shall establish the divisions of Research and Planning, Enquiries and Investigation, and Education and Promotion, with a staff of 32 to 45 members including an executive secretary, to handle administrative affairs related to its functions and powers. When needed, the NHRC may, on a contractual basis, employ 6 to 12 persons who are specialized in human rights issues and human rights protections or have experience in working with civic groups concerned with human rights. The NHRC may also appoint a number of domestic or foreign human rights consultants in order to include professional workforce and opinions.

In accordance with Article 5 of the Organic Act of the Control Yuan National Human Rights Commission, the NHRC shall convene once a month, and if necessary, a meeting may be convened upon the proposal of three or more members. Meeting resolutions shall be made with the approval of the majority. The NHRC may hold sub-committee meetings upon the passage of a resolution.

Article 6 of the Act stipulates that all resolutions on matters listed under Article 2 of this Act shall be discussed and deliberated through the NHRC meeting. If the discussions and deliberations involve the scope and nature of and government obligations in regard to human rights, members may refer to the United Nations human rights conventions and other related instruments as necessary.

Organizational Structure

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